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Criminal Defense
"DUI Hit-and-Run: Charges Reduced, Prison Sentence Avoided"
2026-09-04
In a drunk-driving hit-and-run case where a prison sentence seemed likely,
a success story that cleared the charge of injury by dangerous driving and ended in a fine
If someone causes an accident while under the influence of alcohol and, in a panic, leaves the scene, this is treated as a serious offense under the Act on the Aggravated Punishment of Specific Crimes, with a high likelihood of an actual prison sentence. In particular, when failure to take proper measures after an accident, fleeing the scene, and drunk driving all overlap, the added fear of a custodial investigation can turn a person's entire life upside down.
Attorney Kwon Hyuk-seong, the managing attorney of Kwon & Partners Law Firm, recently took on a traffic accident case in which investigators had unreasonably applied even the charge of injury by dangerous driving under the aggravated-punishment law, and built a meticulous defense strategy. By examining, one by one, whether each charge actually held up on objective grounds, he succeeded in reducing the charges brought at indictment — and as a result, the client moved from fearing a prison sentence to achieving the favorable outcome of a fine.
The client had had drinks the night before and, believing he had slept it off, got behind the wheel — only to lightly strike a taxi that was waiting at a signal. Right after the accident he briefly spoke with the victim, but, judging on his own that the damage was minor, made the mistake of returning home without taking any further action.
He was later apprehended by police and booked after his blood alcohol concentration was confirmed at 0.06%. Viewing the matter as serious, investigators referred the case for indictment applying not only failure to take measures after the accident and fleeing the scene, but also the aggravated charge of injury by dangerous driving under the Act on the Aggravated Punishment of Specific Crimes.
A single moment of poor judgment had rapidly grown into a case involving multiple overlapping charges serious enough to raise the prospect of imprisonment, and the client found himself gripped by fear, worrying about an actual prison sentence.
| ✔ By challenging each charge investigators had unreasonably applied, one by one, this case reduced the charges brought at indictment and ultimately secured a fine. |
1Clearing the charge of injury by dangerous driving through objective circumstances
We built our defense by probing the weaknesses in the charge of injury by dangerous driving under the aggravated-punishment law, which investigators had applied without careful review. We demonstrated, by comparing the case with similar precedents (Supreme Court decision of November 13, 2008, Case No. 2008Do7143; Changwon District Court decision of May 21, 2009, Case No. 2009Gojeong2; among others), that the client's blood alcohol concentration of 0.06% was relatively low and that there had been nothing unusual about his driving. Through this, we proved that the client had not been in a state where he was unable to drive normally, and succeeded in narrowing the charges at the indictment stage.
2Preventing the sentence from being aggravated by overlapping charges
To prevent the unfavorable outcome of a heavier sentence resulting from drunk driving, failure to take measures, and fleeing after causing injury all being bundled together, we revisited the sentencing factors under the Criminal Act. Through a written opinion, we carefully explained that while the accident had indeed resulted from carelessness, there had been little intent behind it and it was a first offense. This approach — grounded in a careful review of precedent — played a major role in softening the court's initially strict stance.
3Q. If you're worried about a prison sentence, what should you do first?
The very first step is to reach a prompt settlement with every victim, fully compensate the damage, and obtain and submit a written statement confirming that the victim does not wish to see the offender punished. We also proved, with objective supporting materials, that the client had long volunteered as a night-school teacher and lived a diligent life, and that he was undergoing treatment at a hospital to quit drinking. This sincere effort to make things right after the fact, together with his genuine will to turn his life around, persuaded the court and helped secure the lenient disposition of a fine.
Handling this case reminded me once again that the outcome can change completely depending on how carefully the weaknesses in the applicable legal provisions are identified in the early stages of investigation. Appealing purely on emotion out of a sense of injustice only provokes investigators and does nothing to reduce the sentence. That is why I devoted the greatest effort to searching out comparable precedents one by one and comparing them objectively.
If a single moment of poor judgment has made you a defendant in a serious traffic accident case where the aggravated-punishment law applies, do not miss the golden window of time in which you can still respond. Untangling complex, overlapping charges one by one to protect a client's ordinary life is what I consider most important in this work. If you are struggling with a similar situation, please do not hesitate to consult directly with me, Attorney Kwon Hyuk-seong of Kwon & Partners Law Firm.
In drunk-driving and hit-and-run cases, the charges brought at indictment and the final sentence can differ enormously depending on how the matter is handled from the very beginning. If you want to untangle complex, overlapping charges one by one and protect your everyday life, please consult promptly with a legal professional experienced in criminal cases to build your response strategy.